The following words and terms in this section are in addition
to the definitions in Chapter 3 and Chapter 30 of this title (relating
to Definitions and Occupational Licenses and Registrations). The words
and terms in this section, when used in this chapter, have the following
meanings.
(1) Aerobic digestion--The bacterial decomposition
and stabilization of sewage in the presence of free oxygen.
(2) Alter--To change an on-site sewage facility resulting
in:
(A) an increase in the volume of permitted flow;
(B) a change in the nature of permitted influent;
(C) a change from the planning materials approved by
the permitting authority;
(D) a change in construction; or
(E) an increase, lengthening, or expansion of the treatment
or disposal system.
(3) Anaerobic digestion--The bacterial decomposition
and stabilization of sewage in the absence of free oxygen.
(4) Apprentice--An individual who has been properly
registered with the executive director according to Chapter 30 of
this title (relating to Occupational Licenses and Registrations),
and is undertaking a training program under the direct supervision
of a licensed installer.
(5) Authorization to construct--Written permission
from the permitting authority to construct an on-site sewage facility
showing the date the permission was granted. The authorization to
construct is the first part of the permit.
(6) Authorized agent--A local governmental entity that
has been delegated the authority by the executive director to implement
and enforce the rules adopted under Texas Health and Safety Code,
Chapter 366.
(7) Borehole--A drilled hole four feet or greater in
depth and one to three feet in diameter.
(8) Certified professional soil scientist--An individual
who has met the certification requirements of the American Society
of Agronomy to engage in the practice of soil science.
(9) Cesspool--A non-watertight, covered receptacle
intended for the receipt and partial treatment of sewage. This device
is constructed such that its sidewalls and bottom are open-jointed
to allow the gradual discharge of liquids while retaining the solids
for anaerobic decomposition.
(10) Cluster system--A sewage collection, treatment,
and disposal system designed to serve two or more sewage-generating
units on separate legal tracts where the total combined flow from
all units does not exceed 5,000 gallons per day.
(11) Commercial or institutional facility--Any building
that is not used as a single-family dwelling or duplex.
(12) Compensation--A payment to construct, alter, repair,
extend, maintain, or install an on-site sewage facility. Payment may
be in the form of cash, check, charge, or other form of monetary exchange
or exchange of property or services for service rendered.
(13) Composting toilet--A self-contained treatment
and disposal facility constructed to decompose non-waterborne human
wastes through bacterial action.
(14) Condensate drain--A pipe that is used for the
disposal of water generated by air conditioners, refrigeration equipment,
or other equipment.
(15) Construct--To engage in any activity related to
the installation, alteration, extension, or repair of an on-site sewage
facility (OSSF), including all activities from disturbing the soils
through connecting the system to the building or property served by
the OSSF. Activities relating to a site evaluation are not considered
construction.
(16) Delegate--The executive director's act of assigning
authority to implement the on-site sewage facility program under this
chapter.
(17) Designated representative--An individual who holds
a valid license issued by the executive director according to Chapter
30 of this title (relating to Occupational Licenses and Registrations),
and who is designated by the authorized agent to review permit applications,
site evaluations, or planning materials, or conduct inspections on
on-site sewage facilities.
(18) Direct communication--The demonstrated ability
of an installer and the apprentice to immediately communicate with
each other, and the maintenance provider and the maintenance technician
to immediately communicate with each other.
(19) Direct supervision--The responsibility of an installer
to oversee, direct, and approve all actions of an apprentice relating
to the construction of an on-site sewage facility, or the responsibility
of a maintenance provider to oversee, direct, and approve all actions
of a maintenance technician relating to the maintenance of an on-site
sewage facility.
(20) Discharge--To deposit, conduct, drain, emit, throw,
run, allow to seep, or otherwise release or dispose of, or to allow,
permit, or suffer any of these acts or omissions.
(21) Edwards Aquifer--That portion of an arcuate belt
of porous, waterbearing predominantly carbonate rocks (limestones)
known as the Edwards (Balcones Fault Zone) Aquifer trending from west
to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays,
Travis, and Williamson Counties; and composed of the Salmon Peak Limestone,
McKnight Formation, West Nueces Formation, Devil's River Limestone,
Person Formation, Kainer Formation, Edwards Group, and Georgetown
Formation, or as amended under Chapter 213 of this title (relating
to Edwards Aquifer). The permeable aquifer units generally overlie
the less-permeable Glen Rose Formation to the south, overlie the less-permeable
Comanche Peak and Walnut formations north of the Colorado River, and
underlie the less-permeable Del Rio Clay regionally.
(22) Edwards Aquifer Recharge Zone--That area where
the stratigraphic units constituting the Edwards Aquifer crop out,
including the outcrops of other geologic formations in proximity to
the Edwards Aquifer, where caves, sinkholes, faults, fractures, or
other permeable features would create a potential for recharge of
surface waters into the Edwards Aquifer. The recharge zone is identified
as a geographic area delineated on official maps located in the agency's
central office and in the appropriate regional office, or as amended
by Chapter 213 of this title (relating to Edwards Aquifer).
(23) Extend--To alter an on-site sewage facility resulting
in an increase in capacity, lengthening, or expansion of the existing
treatment or disposal system.
(24) Floodplain (100-year)--Any area susceptible to
inundation by flood waters from any source and subject to the statistical
100-year flood (has a 1% chance of flooding each year).
(25) Floodway--The channel of a watercourse and the
adjacent land areas (within a portion of the 100-year floodplain)
that must be reserved in order to discharge the 100-year flood without
cumulatively increasing the water surface elevation more than one
foot above the 100-year flood elevation before encroachment into the
100-year floodplain.
(26) Geotextile filter fabric--A non-woven fabric suitable
for wastewater applications.
(27) Gravel-less drainfield pipe--An eight-inch or
ten-inch diameter geotextile fabric-wrapped piping product without
gravel or media.
(28) Grease interceptor--Floatation chambers where
grease floats to the water surface and is retained while the clearer
water underneath is discharged.
(29) Groundwater--Subsurface water occurring in soils
and geologic formations that are fully saturated either year-round
or on a seasonal or intermittent basis.
(30) Holding tank--A watertight container equipped
with a high-level alarm used to receive and store sewage pending its
delivery to an approved treatment process.
(31) Individual--A single living human being.
(32) Install--To put in place or construct any portion
of an on-site sewage facility.
(33) Installer--An individual who is compensated by
another to construct an on-site sewage facility.
(34) Local governmental entity--A municipality, county,
river authority, or special district, including groundwater conservation
districts, soil and water conservation districts, and public health
districts.
(35) Maintenance--Required or routine performance checks,
examinations, upkeep, cleaning, or mechanical adjustments to an on-site
sewage facility, including replacement of pumps, filters, aerator
lines, valves, or electrical components. Maintenance does not include
alterations.
(36) Maintenance findings--The results of a required
performance check or component examination on a specific on-site sewage
facility.
(37) Maintenance provider--An individual who maintains
on-site sewage facilities for compensation. Through August 31, 2009,
a maintenance company is a person or business that maintains on-site
sewage facilities for compensation.
Cont'd... |
